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O 519 C.S. ORDINANCE NO. 519 C.S. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE REGARDING SECOND RESIDENTIAL DWELLING UNITS WHEREAS, the City of Arroyo Grande has a responsibility, pursuant to Government Code Section 65852.2, to address the need for second residential dwelling units, while at the same time considering environmental and service constraints; and WHEREAS, the Housing Element of the General Plan of the City of Arroyo Grande adopted on June 22, 1993, provides for the utilization of second residential dwelling units as an affordable housing incentive in residential zones; and WHEREAS, the City of Arroyo Grande has conducted environmental review for adoption of an ordinance establishing procedures to provide for the development of second residential dwelling units in the City of Arroyo Grande, and has found that it can be seen with certainty that there is no possibility that the proposed second residential dwelling unit requirements will have an effect on the environment and therefore is exempt from the provisions of CEQA; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered the information in the proposed document and staff report, as well as public testimony presented at the hearing and make the following findings of fact: A. The proposed second residential dwelling unit requirements are consistent with the goals, objectives, policies, and programs of the General Plan, and are necessary and desirable to implement the provisions of the General Plan. B. The proposed second residential dwelling unit requirements will not adversely affect the public health, safety, and welfare. C. The proposed second residential dwelling unit requirements are consistent with the purpose and intent of Title 9. D. The potential environmental impacts of the proposed second residential dwelling unit requirements are insignificant. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOllOWS: ORDINANCE NO. 519 C.S. PAGE 2 SECTION 1: Arroyo Grande Municipal Code Section 9-11.140 is amended in its entirety as follows: CHAPTER 9-11.140 SECOND RESIDENTIAL DWELLING UNITS A. Purpose and Intent The purpose of these standards is to ensure that second residential dwelling units located in Residential Districts do not adversely impact either adjacent residential parcels or the surrounding neighborhood, and are developed in a manner which protects the integrity of the Residential District, while providing for needed housing opportunities. There are environmental and service constraints the City faces, which limit the addition of second dwelling units. In particular, such units may not be appropriate on hillside lots because of environmental constraints. The addition of a second residential dwelling unit is limited by urban service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts and compatibility with neighboring uses and structures. This Chapter addresses these limitations. B. Applicability 1. Second residential dwelling units may be permitted in any Residential District except the RE District, subject to obtaining a Conditional Use Permit pursuant to Section 9-03.050 of this Title and as otherwise provided in this Section. All findings required by Section 9-03.050 must be made in addition to specific findings required by this Chapter prior to issuance of a conditional use permit. Second residential dwelling units shall be served by City water and sanitary sewer systems. Second residential dwelling units shall be prohibited on lots containing a guest house, converted garage, mobile home, or more than one existing single family dwelling. 2. Second residential dwelling units may be attached to or detached from the main dwelling. If the second dwelling unit is attached to the main dwelling, each shall be served by separate outside entrances. The interiorwall(s) of an attached unit which separate it from the main unit shall be fire rated according to the most recent Uniform Building Code, and shall not be connected by a doorway or opening to the main dwelling. An "attached second residential dwelling unit" shall mean a dwelling unit that is either combined within the living area or attached to the primary residence. A "detached second residential dwelling unit" shall mean a dwelling unit that is not combined within --. .~-- ~._----- -~.. .- -, - - --- --- -- ------ ----- -----------~--- - ---- ----------- -- - -- -------- --- -.----- --- ----.. -- --- -- - - ---- --.- .-.- ---- - -- ---- ORDINANCE NO. 519 C.S. PAGE 3 or attached to the primary residence. For the purposes of this Chapter, "dwelling unit" shall not include a garage or any accessory structure. "Primary residence" shall mean an existing detached residential structure that conforms with all applicable zoning regulations. 3. A second residential dwelling unit may be constructed simultaneously with or after construction of the principal residence. In addition, an existing principal residence may, subject to obtaining a conditional use permit for such residence, be considered the second residential dwelling unit, and a new residence may be constructed which would then be considered the primary residence. The applicant shall apply for and obtain a conditional use permit for a second residential dwelling unit prior to submission of an application for a b'uilding permit for the proposed new residence. C. Property Development Standards The second residential dwelling unit shall comply with all zoning regulations and property development standards of the District in which it is located, existing building, health, safety and fire codes, and architectural review criteria, including, but not limited to, setbacks, height limits and maximum lot coverage. In addition, the following standards shall apply: 1. Minimum Lot Size The minimum lot size for a parcel to be eligible for a detached second dwelling unit shall be 12,000 square feet, excluding all rights of way and private access easements. The minimum lot size for a parcel to be eligible for an attached second dwelling unit shall be 7,200 square feet, excluding all rights of way. 2. Building Separation A detached second residential dwelling unit shall be located at least 20 feet from the primary residence. 3 ORDINANCE NO. 519 C.S. PAGE 4 3. Yard Setbacks The second residential dwelling unit shall have the same minimum yard setback requirements as the base zone of the primary residence on the parcel as outlined in Table 9-06.050-A and Table 9-06.050-8. Setbacks outlined in Appendix C.W.D.219 as referenced in Table 9- 06.050 A and Table 9-06.050-8 shall not be applicable to second residential dwelling units. The minimum front yard setback for second residential dwelling units shall be equal to or greater than the maximum front yard setback of adjacent parcels. 4. Architectural Compatibility The second residential dwelling unit shall be architecturally compatible with the primary residence and the surrounding neighborhood, and shall incorporate the same colors and materials as the primary residence. 5. Maximum Size Gross floor area of a second residential dwelling unit shall not exceed 640 square feet. 6. Maximum Slope The building site upon which the second residential dwelling unit will be constructed shall not have an average slope in excess of twenty percent. A topographic map and slope analysis, as recommended by the Community Development Director, shall be stamped and signed by either a registered civil engineer, registered architect, or registered landscape architect. Average slope is defined as follows: S= I xL x 100 A x 43,560 Where S = average natural slope, in percent. 1= interval, in feet, of the contour lines. L= the sum, in feet, of the length of the contour lines, at selected contour interval "I". A= the total area, in acres, of the site. 4 -- --. - . --. ---_._._~ .~~--_._..- ---- .-~-- ~---- -...-..----, - --------- ---- --.------.----. ----------- -- - -. -- - -- -- -- --- - - - -_. ORDINANCE NO. 519 C.S. PAGE 5 7. Parking A minimum of one off-street parking space shall be provided for each bedroom in the second residential dwelling unit in addition to the off- street parking spaces required for the main dwelling. All parking spaces shall be exclusive of front and street side yard setbacks. Such parking spaces shall be located in close proximity to the second residential dwelling unit so as to provide convenient access for the occupant. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the second residential dwelling unit and are consistent with existing neighborhood standards applicable to existing dwellings. 8. Occupancy Requirements Second residential dwelling units shall not be offered for sale apart from the primary residence and shall be occupied on a month to month basis or longer. Either the primary residence or the second residential dwelling unit must be occupied by the owner of the property. 9. Driveway Access Second residential dwelling units shall be served by the same driveway access to the street as the primary residence. 10. Performance Standards For establishing conditional use criteria, the Community Development Director shall consider the adequacy of water, sewer, drainage, fire and emergency services, and the impact of additional dwelling units on traffic flow. 11. Deed Restriction A deed restriction shall be recorded against the title of the property containing a second residential dwelling unit prior to issuance of a building permit. Such deed restriction shall stipulate that the second dwelling unit cannot be sold and the owner of the property must occupy one of the units on the premises. 5 ORDINANCE NO. 519 C.S. PAGE 6 12. Utility Meters Only one electric, one gas and one water meter shall be allowed on the property and shall serve both the primary residence and the second residential dwelling unit. Applicable utility fees for the second residential unit will be assessed at the time a building permit is issued. 13. Other Conditions Second residential dwelling units shall comply with such other conditions or standards which, in the judgment of the City, are necessary or appropriate to mitigate possible adverse impacts on the - neighborhood. D. FINDINGS The Planning Commission may issue a conditional use permit for a second residential dwelling unit as applied for or in modified form, if on the basis of the application and the evidence submitted, the Planning Commission makes all of the following findings. 1. The proposed second dwelling unit complies with the standards described in Section 9-11.140.C. 2. The second dwelling unit will not unreasonably interfere with the privacy otherwise available to residents of adjoining properties. 3. The proposed second dwelling unit is designed to be compatible with the exterior appearance and character of the existing neighborhood. 4. The proposed second dwelling unit is designed to be compatible with the existing main dwelling unit in terms of architectural style, bulk, height, materials, colors and landscaping. 5. The proposed second dwelling unit will not cause unreasonable noise, traffic congestion, parking congestion or overload existing public facilities or utilities. E. STATE LAW APPLICABLE 6 _____.. u__ _ _.______._._ _.,____ __.__.____ ~ ________ .~_ __. ~_____.___.____ ____ .~__.._____._____.____..__ _ __ _ ._ __ ORDINANCE NO. 519 C.S. PAGE 7 The provisions of this Section shall be subordinate to and superceded by the controlling provisions of any applicable State law or laws. F. IllEGAL SECOND RESIDENTIAL DWELLING UNIT The establishment or continuance of a second residential dwelling unit without a Conditional Use Permit or contrary to the provisions of this Section is declared to be unlawful and shall constitute a misdemeanor and a public nuisance. SECTION 2: Arroyo Grande Municipal Code Table 9-06.040-A is amended as follows: Table 9-06.040 A Uses Permitted Within Residential Districts USE RE RH RR RS SF VR MF MFA SR MHP 15. Second Residential NP C C C C C C C C NP Dwelling Unit SECTION 3: Arroyo Grande Municipal Code Chapter 9-18 DEFINITIONS is amended as follows: Second Dwelling Unit: A detached or attached dwelling unit that provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels upon which the primary unit is situated. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director 7 ORDINANCE NO. 519 C.S. PAGE 8 of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall become effective thirty (30) days after the date of its adoption. On motion of Council Member Runels, seconded by Council Member Dickens and on the following roll call vote, to-wit: AYES: Council Members Runels, Dickens, Ferrara and Mayor Lady NOES: Council Member Tolley ABSENT: None the foregoing Ordinance was adopted this 14th day of November, 2000. 8 --. ---- -, - -- ------ ._-+---_._--_._---_.- ------ --~----~----~----------_._._-- ._~-----_._--- ._._~ ORDINANCE NO. 519 C.S. PAGE 9 MICHAEL =~:l~b/ ATTEST: I /.~ MORE, DIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~~-"-l._ STEVEN ADAMS, CITY MANAGER AS TO FORM: 9 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 519 C.S. . is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of November, 2000. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of. November, 2000. , ill 'l (lftl/}-U(- ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK - -- -. _____,._ u_____. __~____~_ __~_~_ _~ _____.__.__..____~_~_~_ ______.___ _ ~_ ,____________ -